Donohue+v.+COPIAGUE+UFSD

 **Edward Donohue, Appellant, **  **Court of Appeals of the State of New York. ** Argued May 2, 1979. Decided June 14, 1979.
 * v. **
 * Copiague Union Free School District, Respondent. **
 * Background **

The plaintiff, Edward Donohue, appealed this case after the original decision was dismissed. The court in the state of New York now had to decide if the plaintiff’s acquisition of “educational malpractice” is warranted. The plaintiff claimed that as a high school student he was not taught the basic reading and writing skills that would help him throughout life after graduation day. He claimed that he was basically passed through the high school years with passing grades and/or minimal or failing grades in various subjects. There were several other claims presented by the plaintiff and as a result he sued for $5,000,000. The first complaint was in regards to negligence. The second was the complaint alleged that the plaintiff is the third-party beneficiary of a duty imposed upon the defendant by section 1 of article XI of the New York State Constitution.


 * Decision **

The Appellate Division, include the practical impossibility of proving that the alleged malpractice of the teacher proximately caused the learning deficiency of the plaintiff student. Factors such as the student's attitude, motivation, temperament, past experience and home environment may all play an essential and immeasurable role in learning. Indeed as the majority observes proximate cause might "be difficult, if not impossible, to prove". The Court of Appeals of the State of New York agreed with original decision and granted the defendant’s motion to dismiss the complaint for failure to state a cause of action.

The importance of teaching our students the basis of reading and writing comes way before high school. It should be done in elementary school and constantly reiterated throughout middle school. By the time a student reaches high school, the basics, should surely be unprecedented. The No Child Left Behind Act is a huge part of the basics not being perfected by high school. Our children who need to be left behind are pushed through the education system. This impacts education severely because it only presents
 * Impact on Education **

<span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">What was the result of Donahue’s lack of basic skills being taught to him?
 * <span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Quiz Question **

<span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Submitted by Sandra Crum and Alex Mathis